The High Court allowed a bail application for two accused involved in a case under Sections 323, 308 IPC. The court observed deficiencies in the assessment evidence and granted bail subject to conditions, citing Dataram Singh without expressing a final opinion on merits.
Release of applicants on bail with personal bond and two sureties each.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44487 of 2021
Applicant :- Mukesh Kushwaha And Another Opposite Party :- State of U.P. Counsel for Applicant :- Virpratap Singh,Rajat Agarwal Counsel for Opposite Party :- G.A.,Gaurav Singh Tomar
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants, learned counsel for the informant and learned A.G.A. Perused the record.
The accused- applicants Mukesh Kushwaha and Suresh Kushwaha are involved in Case Crime No.176 of 2021, under Sections 323, 308 I.P.C., Police Station Sumerpur, DistrictHamirpur.
It is argued by the learned counsel for the applicants that the first information report was lodged under Sections 323, 308 I.P.C. and the charge-sheet has also been filed in the same sections. No recovery has been made from the applicants. In the first information report, two injured persons are shown, wherein the medical examination report of one injured Kuldeep is on record. According to which, "linear comminuted fractures are seen in right temporo-parietal and greater wing of sphenold and soft tissue scalp and facial injuries are also present". There is no injury report of injured Man Singh on the record. The statements of both the injured persons are on record wherein they have supported the F.I.R. but the independent witnesses have not disclosed the fact of any incident. The allegations are general. No specific role has been assigned to any of the accused persons. In the x-ray report, it has been mentioned that it cannot be treated as a medicolegal document. The applicants have no criminal history. They are languishing in jail since 03.07.2021 and in case they are enlarged on bail they will not misuse the liberty of bail.
Learned A.G.A. and learned counsel for the informant have opposed the bail application. It is argued by the learned A.G.A. that the injured Kuldeep remained in the hospital for five days from 17.06.2021 to 22.06.2021 and he had sustained fracture. His injuries are found to be grievous. The charge-sheet has been filed in the case.
From the perusal of the record, it is evident that no medical report of injured Man Singh has been produced while there is a
document regarding injury of injured Kuldeep wherein linear comminuted fractures are seen in right temporo-parietal and greater wing of sphenold and soft tissue scalp and facial injuries are also present but in this document it is mentioned that it cannot be used for medicolegal purpose. The applicants are languishing in jail since 03.07.2021.
Having heard the submissions of learned counsel of both sides, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicants, Mukesh Kushwaha and Suresh Kushwaha , who are involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 15.3.2022 Radhika
Digitally signed by RADHIKA VISHWAKARMA Date: 2022.03.16 17:41:34 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant bail to accused in a case involving Sections 323, 308 IPC given partial medical evidence and charges.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶11
(2018) 2 SCC 22 · Who else cites this
Mukesh Kushwaha and Suresh Kushwaha
State of U.P.
Sadhna Rani (Thakur)
As recorded by the court registry
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